Historic first for NZTA after toll road conviction

The NZ Transport Agency has
successfully prosecuted an Auckland driver who repeatedly
refused to pay tolls when using the Northern Gateway Toll
Road – the first prosecution of its kind since the road
opened almost four years ago.

Robert Masaberg, from
the Auckland suburb of Snells Beach, was convicted in the
North Shore District Court of 20 charges of failing to pay a
toll and ordered to pay a total of $1156.67 in fines, and
court and prosecution costs ($800 in fines - $40 for each
charge - $130.67 in court costs and $226 in prosecution
costs)

Mr Masaberg did not appear to defend the
charges, but the court said it accepted NZTA evidence of his
repeated non-payment of tolls and ruled that the charges had
been proven.

At the end of October, Mr Masaberg owed
$5181 in unpaid tolls, unpaid administration fees and
additional costs connected with attempts to get him repay
his debt.

Celia Patrick, Group Manager of Access and
Use – the NZTA’s regulatory group which administers the
collection of tolls – says the 20 charges were a
sufficient number to send a clear message to others who
actively evade making toll payments.

“Their
behaviour is unacceptable to the vast majority of drivers
who pay their tolls on time – the NZTA is committed to
ensuring that the same rules apply to everyone using the
toll road.

“Tolls collected on the road help to
repay the debt incurred in order to construct the Northern
Gateway Toll Road 10 years earlier than would have been
possible without tolling. Since it opened in 2009, this
section of State Highway 1 has delivered many benefits to
drivers in terms of safer travel, time savings, and less
wear and tear on vehicles. It is only fair that everyone who
enjoys those benefits pays their share for using the
highway,” says Ms Patrick.

The Automobile
Association says it agreed with the NZTA’s decision to
prosecute the driver. .

“Today’s judgment is a
timely reminder to drivers and riders who refuse to pay the
toll and have accumulated substantial debt, to pay their
tolls or face the consequences,” says AA spokesperson Mike
Noon. “The AA fully supports the NZTA undertaking further
prosecutions to ensure the worst offenders are not able to
free-ride, but rather pay their fare share of the costs of
using the toll road.”

Ms Patrick says the NZTA now
plans to prosecute three other people. One of them owes
$3780, and the other two owe smaller amounts - $900 and $500
respectively.

“To do the right thing on behalf of
everyone who does pay on time, prosecutions will not only be
based on the level of debt but on a driver’s behaviour if
they repeatedly evade toll payments regardless of how much
they owe.”

Ms Patrick says that since the NZTA began
its prosecution process, there has been an increase in the
number of people paying tolls before the required 5 day
period expires to avoid additional charges, and other
drivers are clearing older, historical debt.

During
the first three months of the toll road’s current
operating year from 1 July, the amount in unpaid tolls and
administration fees was $238,000 and $90,000 of this had
already been collected by the end of October.

The
Northern Gateway Toll Road opened in January 2009, and about
96.5% of drivers pay on time – a compliance rate high
compared with other toll roads overseas.

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